Julio Iglesias Case: Sexual Assault Claims by Spaniards Abroad

When a case hits the press, many people ask themselves the same question: what is happening with Julio Iglesias? And, right after, another more silent but more important doubt arises: «If someone so well-known has proceedings opened against them, what could happen to me?»

In Spain, crimes against sexual freedom are investigated and reported very frequently. Just as an official reference, in 2023 there were 22,846 known incidents recorded for crimes against sexual freedom, of which 13,674 corresponded to sexual assault and 5,222 to sexual assault with penetration, according to data from the Ministry of the Interior.

What is sexual assault according to the Spanish Penal Code?

The crime of sexual assault is regulated in articles 178 and following of the Penal Code. After the legal reform, the law starts from a central idea: any sexual act without consent is assault.

This includes everything from touching to complete relations. The difference between some conducts and others is not whether there is violence or intimidation, but in the severity of the act and its circumstances.

The law punishes:

• Any act of sexual content without consent.
• Assaults with carnal access.
• Aggravated cases, such as when there is special vulnerability of the victim, relationship of supe

What are the Prosecutor’s Office investigation proceedings?

In Spain, the Prosecutor’s Office can open investigation proceedings in a phase prior to the criminal process, under article 5 of the Organic Statute of the Public Prosecutor’s Office and article 773.2 of the Criminal Procedure Act.

Its purpose is clear: to decide whether to archive the case or to bring it to court by filing a complaint or criminal charge before a Court.

These proceedings have a time limit. Generally, up to six months, and in certain cases, up to twelve, with justified extension.

What limits does the Prosecutor’s Office investigation have?

In a case like Julio Iglesias’, this phase is decisive because it is where it is analyzed, among other things, whether Spanish courts have jurisdiction to hear facts that occurred outside the national territory.

But this investigation has very specific limits:

• The Prosecutor’s Office cannot declare the secrecy of proceedings on its own without legal coverage.
• The principles of contradiction and defense must inspire the practice of proceedings.
• When there is a reasonable presumption of involvement, the investigated person must be able to know what is essential to defend themselves.

Therefore, this phase is not a simple formality. It is, often, the ground where it is defined whether the case will reach a Court or not.

Can the Prosecutor’s Office inve

Can Spanish courts investigate crimes committed abroad?

Yes, but not because the case is high-profile. What matters is article 23 of the Organic Law of the Judicial Power (LOPJ).

When the alleged perpetrator is Spanish and the facts occur abroad, the principle of active personality comes into play: Spain can investigate crimes committed abroad if the requirements set by law are met.

In these cases, the focus should not be on «where it happened,» but on «what title of jurisdiction allows Spain to act» and what conditions it requires.

And watch out for a nuance: the nationality of the victims is not the central requirement of 23.2 LOPJ, but in practice it can change the game board. It can reinforce the connection with Spain and guide the procedural strategy.

What does the Organic Law of the Judicial Power say about crimes committed outside Spain?

The art. 23.2 LOPJ establishes a quite specific framework. It is not an open door «just because.»

Essentially, it requires three things:

1. Double criminality: that the act is also a crime in the country where it was committed.
2. Criminal charge by the aggrieved party or the Public Prosecutor’s Office.
3. That the investigated person has not been tried or sanctioned for those same facts abroad.

In sexual crimes, this translates into a simple idea: s